A Marital Property Definition in a Prenup is Important [VIDEO]

 

No couple gets married expecting to be divorced, but when creating a prenuptial agreement most couples decide to include a term defining what will be considered marital and separate property. If the couple defines them in a way that limits them, then obviously, there will be limited assets subject to distribution if they do get divorced. If you would like more information about mediation and prenups, check out my website — ClarePiroMediation.com.

Feeling Scared, Anxious, and Not in Control? It Is Halloween, After All. [VIDEO]

 

It’s that time of year when ghosts and goblins abound, scaring the kids and sometimes the adults as well. The overall feeling of being scared, anxious and out of control is very similar to how divorcing parents feel, especially when it comes to their children. A Child Specialist can advise you in ways to help combat those emotions.

A Prenup Can Ensure the Provisions of Your Will Are Observed [VIDEO]

 

In New York, there is a statute that gives a surviving spouse the right to elect against the Will of a deceased spouse, if that Will leaves them with less than the greater of a third of the estate or $50,000. In a prenup, you can waive that Right of Election if circumstances warrant it. Mediation is a good place to talk about your expectations and what would be appropriate to maintain your standard of living. If you would like more information about mediation and prenups, check out my website — ClarePiroMediation.com.

Why Sign a Prenup Before You Marry? [VIDEO]

 

Prenups get a bad rap, but there are times when they may be appropriate. This video looks at some circumstances where one party may have a concern that they feel would be addressed best with a prenup. Valid reasons or not, this could still be a difficult conversation to have with your fiance, so have the discussion as far in advance of your marriage as you can. If you would like more information about mediation and prenups, check out my website — ClarePiroMediation.com.

Details Can Help When You Have Serious Conflict

{3 minutes to read} If you and your spouse have a lot of conflict between you, you're going to want to have as much detail as possible in your parenting agreement. Here are a few tips that can help you to achieve that during your mediation. 

1. Speak Up. 
 
Clearly, your mediator is going to be aware of the level of conflict between the two of you and will raise the issues that are most commonly addressed in Separation Agreements in terms of parenting plan details. They may not, however, get into the exact detail that you feel is most important based upon your particular circumstances. So, if there's something that your mediator doesn't raise and you want more detail about that certain issue, bring it up in the mediation.  
 
2. Be Mindful of How You Raise the Issue.  
 
You don't want to do anything that's going to immediately put your spouse on the defensive, so try to be as objective as possible. For example, when you’re trying to make a decision that affects the children, let's say that your spouse just keeps repeating the same things over and over and that really annoys you. Instead of saying “it drives me crazy when you just keep talking and talking and saying nothing new,” you can say that you want to talk about making sure that your discussions are focused and productive. That will then lead to a discussion in mediation about how much time we will spend on a decision before moving on to another step such as consulting with a professional with expertise about the issue in question. 
 
3. If You're Trying to Minimize the Conflict Between the Two of You, Look Inward.  
 
You may be the source of that conflict, as well. If there's something that you do that you know, really causes annoyance to your spouse, bring it up. Let's say your spouse is annoyed because you don't respond to a text or email as quickly as they would like. Ask if you can discuss and determine a reasonable time frame to respond to a non-emergency text. Then you can actually put language in that spells out how long you have to respond to a text. Your spouse will know that you have that time and not get annoyed, and you don’t have to feel like it will be an argument if you can’t answer a text immediately. 
 

No level of detail in your agreement can ensure that you will avoid each and every conflict going forward but whatever easing of conflict that you can achieve through more detail in your parenting plan would be a help.


What is a Sunset Clause and Do You Want One in Your Prenup? [VIDEO]

 

So, what is a sunset clause? By definition, it means that after a defined period of time, the clause has no effect. In a prenup, a sunset clause can take different forms but usually refers to voiding the agreement or only certain terms of the agreement after a period of time. In some cases, certain terms are actually expanded. Whether or not it's right for you is clearly something that the two of you need to decide. If you would like more information about mediation, prenups and family law, check out my website — ClarePiroMediation.com.

Problems With Joint Decisions? Not Us. [VIDEO]

Sometimes there isn’t a lot of conflict between you and your spouse, and you feel that you won’t have any problems with joint decision making but including a default provision in your agreement, just in case things don't go as expected, might be wise. If you would like more information about mediation and joint decision making, check out my website — ClarePiroMediation.com.

A Spirit of Hope — Support Connection [VIDEO]

 

This video is about hope and the support that my friend Julie received from the group Support Connection, prior to her death from ovarian cancer. Like anyone given this diagnosis, she felt alone and scared and had no idea where to turn for help. But then, she found Support Connection, a lifeline for women who have breast or ovarian cancer. Julie not only found hope but was able to give support and inspiration to others. So much so, that in 2018 she was given their Spirit of Hope Award.

Three Commonalities of a Successful Divorce Mediation [VIDEO]

 

In a recent video, available on my website, I described what, in addition to having a signed separation agreement, a successful mediation would look like. In this follow up video, I talk about three things clients who experience those positive outcomes have in common. After watching the video, If you think that mediation is the process for you, check out my website — ClarePiroMediation.com, where there are many more articles and blogs on all things divorce mediation.

What Percentage of Divorce Mediations are Successful? [VIDEO]

 

As is often the answer to questions like this, it depends. In this case, however, the answer may depend on how you define success. What are your measurement criteria? Just ending up with a signed Separation Agreement might be one, but in this video, I look at some other aspects of the mediation process that may also be valid reasons for success.

If you think that mediation is the process for you, check out my website — ClarePiroMediation.com.